logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.01.23 2013노5240
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The statement of the victim F, who corresponds to the facts charged in this case of mistake of facts, is not reliable, and the confessions at the investigation agency and the court below was false, and the defendant did not have to make the back part of the victim's left side as stated in the facts charged.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Even if the Defendant’s conviction is recognized, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances, considering the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below is just in finding the defendant guilty of the facts charged of this case, and there is no error of law of misunderstanding of facts.

1. The victim stated that “I may not know whether I were sick or wounded in the way to do so with the defendant, but I would have left part of the back at one time. I would like to know that I would know about the front part of the case before the personnel in the district unit. I would like to do so once a week.” In light of the records of this case, the victim’s above statement is consistent with the situation at the time, and it is difficult to see that there was a false intervention in the victim’s statement.

(Evidence Records 17, 25 pages). (2) The Defendant recognized the fact that the police had left the back part of the victim’s return to the prosecutor’s office and the court below’s order until the court below. In light of the records and arguments of this case, it is difficult to find any circumstances to suspect the voluntariness of the Defendant’s confession statement.

(3) The back part of the victim's return generated at the time of the instant case shall be the defendant.

arrow